Judge rules Crystal Lake school violated law by building bleachers

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Friday night football at Crystal Lake South High School, Oct. 17, 2014. The towering bleachers were ordered dismantled, but that order has been stayed pending possible action by the Illinois Supreme Court. (John Konstantaras/For the Chicago Tribune)

Friday night football at Crystal Lake South High School, Oct. 17, 2014. The towering bleachers were ordered dismantled, but that order has been stayed pending possible action by the Illinois Supreme Court. (John Konstantaras/For the Chicago Tribune)

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Though two courts have ruled that the towering bleachers installed at Crystal Lake South High School last year violated city rules, school officials have signaled that they hope to make their case to the state Supreme Court.

Though two courts have ruled that the towering bleachers installed at Crystal Lake South High School last year violated city rules, school officials have signaled that they hope to make their case to the state Supreme Court.

A McHenry County judge ruled Wednesday that school officials violated the law by building 51-foot-tall bleachers on the Crystal Lake South High School football field last fall without going through the city's zoning process.

But he stopped short of ordering school officials to tear down the $1 million bleachers, which are opposed by nearby neighbors, saying it was not within his authority.

"I believe (the city and the neighbors) are absolutely on point here," Judge Michael Chmiel said.

There is no case law — or precedent — available for reference, Chmiel said. The law's wording does not explicitly require a school district to go through the city zoning process in order to build on district property, he said. But there is also no wording that states a school "cannot or does not have to go through a zoning process."

"School code says it can go through the process," Chmiel said. "I don't see why the school would not go through the city's process."

The judge said that because of the way the plaintiff's petition was written, he could not order the school district to tear down the bleachers, which stand within 41 feet of the property line and have been dubbed "the Berlin Wall of Steel" by some neighbors. Chmiel also declined to provide a time frame on what the school district should do next.

Crystal Lake Mayor Aaron Shepley, contacted after the hearing, described the situation as "grossly disappointing." He said school district officials knew from the start that they should have gone through the city's zoning process as had "been done for the last 50 years."

Shepley said he believes the school district made a "conscious decision" to circumvent the city's zoning process.

"There are no winners in this situation. There are only losers," he said.

The lawyer for the school district also expressed disappointment.

"The judge said that city zoning applies to this process and it's not something the school district entertained," said Robert Swain, attorney for Community High School District 155. "We are disappointed. We thought there was no law governing this. The school district followed the law based on school code."

Swain declined to say what the district would do next. School officials need to read the judge's 22-page ruling and discuss their options, he said.

According to Shepley, the school district likely will have to request zoning variations on the bleachers' height and setback, as well as a special-use permit.

"It's unfortunate they chose to build first and, quote unquote, ask for forgiveness later," Shepley said. "This is a very regrettable set of circumstances."

Thomas Burney, attorney for the neighbors, said he will seek further action through the court if the school district does not start the zoning process with the city.

"We'd like this resolved before the next football season," Burney said. "They are in violation of the law."

A status hearing was scheduled for Jan. 22 at Burney's request.

"We recognize it's going to take some time, but if they are just sitting on their hands, we would ask the judge to enter an injunction," Burney said. "We have the legal right to ask for a legal injunction to tear down the bleachers."

The school board initially approved the project at a public meeting in February. But city officials said they were not notified about it until neighbors saw steel girders going up in late July.

McHenry County State's Attorney Louis Bianchi, who owns a house on the affected block, filed suit as a private citizen, along with his wife, Jean, and neighbor Jeff Gurba.

Gurba said his family's privacy is violated every time there is a football game.